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vimal Kumar   16 February 2015 at 12:13

Notice period

Hi,
Recently a friend who is working for a BPO in Mumbai, Got a e-mail from administration saying that from the next month, notice period for resignation has been revised from one month to two months. He has not so far agreed to this in writing.
In the signed job agreement contract the agreed notice period for resignation or termination is one month.
Can the company enforce the new notice period.
Thanks and regards

Cejo Marcose   14 February 2015 at 20:16

Illegal method adapted for recruitment of stenographer by forest dept. of andaman & nicobar islands

Sir,

I have applied for the post of Stenographer against the office order of the office of Conservator of Forests (HQ), vide no. (F.20(E)/13) dt. 12-8-2013 for the post of Stenographer (OG) 4 no. (General -2 & OBC– 2) in the Dept. of Environment of Forest, A & N Islands, accordingly a written examination was held by Forest Dept. on 01-06-2014.

That as per written examination for the Posts of Stenographer conducted by Dept. of Forests, A & N Islands, and Twelve (12) candidates was qualified/selected for trade examination (typing & shorthand), accordingly the written examination qualified candidate called for trade examination on 20-09-2014

That as per press release on Daily Telegram dt. 22-01-2015 out of Twelve Candidates only four candidates was called for interview on 11-02-2015 whereas the existing vacancy is also 4 nos, and there is no cut off marks prescribed for written test, under such circumstances the waiting panel for the said existing panel is not possible and also it is clear that all the 4 candidates were who selected for interview is also select because the vacancy is four only....

That i had given a written objection to the Principle chief conservator of Forests of Forest Dept. stating that the recruitment process for the post of Stenographer which have been adapted by the dept. was totally illogical & also requested that the Interview for vacancies for post of Stenographer may conducted after calling all the eligible candidates who passed in the written exam, so that reserve waiting panel should be made.

But unfortunately my objection was not considered by PCCF of Forest Dept. and the interview was carried out on 11-2-2015.

That up to the written exam it was ok for me becoz the ratio for 4 no. vacancy is 1:3 ratio that is for 4 post 12 candidates were selected. but in trade exam for the said post the result was 1 :1 ratio that is for 4 no. post 4 candidates were selected.

Generally all the interview for any requirements the said forest dept. was followed the ratio method like 1: 2, 1:3, & 1:4.

in this regard i want to stay the illogical/ arbitrary interview process which have been followed in the recruitment process for the post of stenographer, so that the forest dept. calling all the eligible candidates who passed in the written exam, so that reserve waiting panel should be made.

pls help me....

RANJAN   14 February 2015 at 18:27

single judge high court has quashed penalty order now bank h

Can I file review of single judge order on disclosure of new evidence appeal is pending

kamaraj   13 February 2015 at 19:12

Junior getting more pay

I was appointed as B T asst in 1992 in tamil nadu aided school .I was promoted as p g asst in 2004. I got 2 incentive at time of initial appointment,.My junior was appointed as B T asst one year later that is 1993, he has been working in same cadre and got incentive recently , now my salary is very much less than my junior. please give your advise

ARTI GUPTA   13 February 2015 at 15:09

Gratuity

IS A CENTRAL GOVT EMPLOYEE OF A REPUTED PRIVATE SCHOOL IN DELHI HAVING WORKED ON CENTRAL GOVT PAYSCALES TILL RETIREMENT WORKS FOR 10 YEARS MORE ON CONSOLIDATED BASIS AFTER RETIREMENT ELIGIBLE FOR GRATUITY AS PER CENTRAL GOVT. RULES.HE HAS A CLEAR EMPLOYER EMPLOYEE RELATIONSHIP,IS A MEMBER OF PF, IS IN RECEIPT OF SALARY SLIP, ELIGIBLE FOR DEDUCTION OF TAX,IS IN RECEIPT OF TDS CERTIFICATE,HAS PROPER APPOINTMENT LETTER,I CARD.

Pragati Jain   13 February 2015 at 11:31

Dual employment

Greetings Seniors,

I want to know if an Employee working full time in an Organisation, can also work part time on weekends as per Indian labour laws? It is to be noted that the employee is not on payrolls of the Organisation where he is working part time but only on the payrolls of the organisation where he is working Full time. which section of Factories Act or any other Act of labour law governs the same? Any light on the same would be of great help. Thanks in anticipation of a response.

varun   12 February 2015 at 20:23

Harassment by employer


1. I appeared in entrance examination conducted by BSNL for the post of JTO in the year 2002. For which final year students were also eligible provided they were in possession of their final degree marksheets on or before 31/07/2002. But my marksheets were delayed. I was in possession of my marksheets at the time of declaration of results by BSNL which was declared on 16/09/2002. I was denied appointment by BSNL on this ground.
2. I approached in Hon’ble High Court, New Delhi in Dec-2002. Got judgment in my favour in Jan-2004 (CW 5181/2003 dt. 13/01/2004) (1)
3. BSNL appeal Hon’ble High Court bench, New Delhi. Bench upheld the judgment passed by single learned judge in Feb-2004 (WA 245/2004 dt. 27/02/2004 ) (2)
4. BSNL appealed in Hon’ble Supreme Court. Hon’ble Supreme Court admitted the case without granting any stay on the Hon’ble High Court Bench, New Delhi order. But still BSNL did not appoint the applicants. (Civil Appeal 4835/2005 dt. 30/01/2008) (3)
5. In 2008, Hon’ble Supreme Court pronounced judgment in my favour. Thereafter joining formalities were implemented by BSNL. But rather implementing Court order from retrospective effect, BSNL implemented it prospectively thereby treating me as fresher.
6. Now to come at par with my batch mates I again approached Principal Bench CAT, New Delhi for following:
a) My Seniority and salary at par with my batch mates.
b) eligibility to appear in departmental competitive exam for which 3 yrs length of service is prerequisite (Since all my batch mates joined in year 2002 batch. Hence they were eligible)
c) eligibility to appear in Management Trainee examination for which 4 yrs work-experience is pre-requisite (Since all my batch mates joined in year 2002 batch. Hence they were eligible)
d) functional upgradation which are provided after 4 years of service. Presently my batchmates are in grade E3 and I am still in E2.
7. In 2009, I Filed Court case in Hon’ble Principal Bench CAT, New Delhi regarding length of service, seniority and other benefits at par with my 2002 batch-mates (OA 2854/2009 dt. 03/06/2010)(4)
8. In 2010 Hon’ble Principal Bench CAT, New Delhi pronounced judgement partially in my favour. I was granted seniority and pay-fixation at par with my batch mates (point 5.(a)). But denied length of service which was required to appear in various promotion competitive exams for which my batchmates of 2002 batch were eligible. Judgement was silent on point 5.(b) and denied my entitlement for point 5.(c).
9. To implement the Hon’ble Principal Bench CAT, New Delhi orders issued in point 7, I had to file contempt after 6 month of judgment (5) (CP 956/2010 dt. 18/01/2011)
10. To challenge the length of service, I challenged the Hon’ble Principal Bench CAT, New Delhi orders to limited extent in Hon’ble High Court Bench, New Delhi. Hon’ble High Court Bench, New Delhi passed order to approach Hon’ble Principal Bench CAT, New Delhi again as there was no clarity on the issue. (6) (WP(C)-8704/2010 dt. 15/09/2011)
11. I approached Hon’ble Principal Bench CAT, New Delhi again in 2011 and got judgment in our favour in 2013. (7) (OA 116/2012 dt. 08/01/2013)
12. Again to implement those order, I had to file contempt in 2014 Hon’ble in Principal Bench CAT, New Delhi. (8) (CP 487/2013 dt. 17/01/2014)
13. Additionally, I filed caveat in Hon’ble High Court, New Delhi to avoid one sided stay to BSNL on Hon’ble Principal Bench CAT, New Delhi orders. (9)
14. BSNL challenged the Hon’ble Principal Bench CAT, New Delhi order in Hon’ble High Court, New Delhi and their case was rejected at the time of admission itself. (WPC 7175/2013 dt. 20/11/2013) (10)
15. I filed caveat in Hon’ble Supreme Court, New Delhi to avoid one sided stay to BSNL again. (11)
16. The Hon’ble Supreme Court, New Delhi admitted the case without granting any stay on Hon’ble Principal Bench CAT, New Delhi orders. Hence BSNL implemented Hon’ble Principal Bench CAT, New Delhi orders but not in totality. (civil appeal 3805/2014)(12)
17. In contempt petition Hon’ble Principal Bench CAT, New Delhi directed that applicants will submit their representations and BSNL to consider our notional joining date as joining date for all practical purposes with liberty to revive the contempt.
18. As BSNL was not granted stay order by Hon’ble Supreme Court, BSNL implemented Hon’ble Principal Bench CAT, New Delhi judgment but denied us functional upgradation at with 2002-2003 batch which is due in every four years on the plea that our length of service is less by 6 years.
19. I have again filed an MA in Hon’ble Principal Bench CAT, New Delhi for reviving the contempt. (13)
Now, My question pertains to whether I am entitled for harassment case against my employer and under which rule. Since I have to approach Court of law for each right. So many cases have put a lot of mental and financial pressure on me. I have to approach Court of law 13 times to claim my rights out of which 2 are still ongoing). Pl suggest and help what action should I take.

All judgments from 2008 are available on respective court websites

Mukul Anand   12 February 2015 at 13:59

Co-worker abused by office in charge

Hello sir,
I work in Railway, one of my colleague (female) have been misbehaved and abused by our office in charge. She was going to lodge FIR but we stopped her saying that there must be some other way to deal with such a situation. Even all the office staffs are ready to witness the incident before police. Please advice what can be done in this case lawfully.
thanks

MOHAMMED HAYATH   11 February 2015 at 16:02

I am cheated by employer in saudi arabia

As i was working with a stablishment in saudi arabia since 2004 to 2010

my employer registered my name to the goverment authority as absconding. while the same time i was working with the same establishment

when i came to know i have filed a case in the court with supporting document which shows thaty i was working in the same establishment, but the court didnt favour me, and the authority deported me

can i file a case through human rights commission to the saudi embassy in india

pls guide

Deepak Nair   10 February 2015 at 21:30

executive staffs and labour law

Are the employees of a company who are of executive level, covered under labour law? Can they file complaint under prevention of unfair labour practice act?
If not then what are the remedies for them?
In the present case some employees were asked to resign. Full and final settlement was done. But variables and bonus are not given. 3 of them jointly wants to take legal action against the company.

Kindly advise.